Global oil and gas companies participate in drilling and production operations around the world. These operations often include participating in Joint Ventures (“JVs”), which may include other companies, local governmental entities, and local contractors, to share the costs and risks involved in the undertaking. These JVs are often directed to the drilling, production, and storage of crude oil and other fossil fuels. With multiple members, JVs often control the benefits and burdens allocated between its members with an agreement commonly identified as a Joint Operating Agreement (“JOA”).
Before a Joint Venture can carry out its venture activities, in some countries, the operating oil and gas company of the venture must enter into a production sharing agreement or contract (PSC) with the local government. Consequently, by default, the non-operating companies in the venture are indirectly party to the PSC as well, though they are not normally mentioned in the PSC itself.
PSCs define the framework and measureables that ensure the initial exploration and eventual hydrocarbon production sharing, between the government and the ‘contractor’ (i.e. the operating oil company), are completed in accordance with the key terms and elements of the PSCs. The PSCs typically include, but are not restricted to: duration & relinquishment periods for exploration & production phases; minimum financial commitments and expenditure obligations; valuation of oil & gas; division of oil & gas under royalty; tax oil; cost oil/gas & profit oil/gas; priority of cost claims; cost oil; contractual payments such as research, discovery & production bonuses; and accounting and entitlement reporting requirements.
The allocation of costs, profits, entitlements, and other applicable variables is often based on production while in other cases it may be based on the sales of product. In any event, not only are the costs, profits and entitlements split between the government and contractor, but they are also split with any other party that belongs to a Joint Venture with whom the contractor is a party to.
Moreover, the terms of a PSC may vary from PSC to PSC, with allocation percentages and applicable accounting formulas and methodologies varying between agreements. In some instances, the allocation of costs, profits, entitlements, and other variables may be based on the petroleum production while in others these allocations may be based on other things, such as petroleum sales. When sales are measured, they may be categorized into those made to related entities such as subsidiaries of members of the PSC (i.e., non-arm's length transactions) and those made to wholly unrelated entities (i.e., arm's length transactions).
Product sales may be accounted for when the product is lifted from a storage facility used by one or more parties to the PSC. These storage facilities are often shared by several PSC's. Thus, the product produced under each PSC is often commingled prior to sale.